General Insurance Co. of America v. St. Paul Fire & Marine Insurance Co.

Opinion

COBEY, J.

Plaintiff, General Insurance Company of America, surety of the prime contractor involved, appeals from a judgment in favor of defendant, St. Paul Fire & Marine Insurance Company, surety for a subcontractor, which defaulted in its subcontract work under the prime contract. The action is essentially one for damages plaintiff suffered in excess costs and liquidated damages occasioned by the default.

The judgment which was granted on defendant’s motion therefor, pur suant to Code of Civil Procedure section 631.8, apparently rests on two grounds: (1) plaintiff’s failure to comply…